Ord 13-14 ORDINANCE NO. 13-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118,
"SOLICITORS AND PEDDLERS AND DISTRIBUTION OF
HANDBILLS", SECTION 118.01 "DEFINITIONS"TO INCLUDE
DEFINITIONS FOR PANHANDLING AND AGGRESSIVE
PANHANDLING; SECTION 118.03 "PROHIBITED ACTS
REGARDING SOLICITING AND PEDDLING" IN ORDER TO
DESIGNATE PROHIBITED AREAS FOR PANHANDLING
AND TO PROHIBIT AGGRESSIVE PANHANDLING CITY-
WIDE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, the City Commission recognizes an individual's First Amendment right of
free speech and that panhandling has been determined to be a protected speech;and
WHEREAS, the City Commission finds that an increase in aggressive panhandling, begging
and solicitation throughout the City has become extremely disturbing and disruptive to residents and
businesses and has contributed to the loss of access to and enjoyment of public places and also
loss of customers for businesses in the City; and
WHEREAS, the City Commission finds that aggressive panhandling, begging and
solicitation usually includes approaching or following pedestrians, repetitive requests for money,
use of abusive or profane language, unwanted physical contact and intentional blocking of pedestrian
traffic;and
WHEREAS, the City Commission finds that the presence of individuals who solicit
money from other individuals at or near outdoor cafes, automated teller machines, entrances/exits
to and from buildings and parking garages is especially troublesome because these solicited
individuals cannot readily escape from unwanted solicitation; and
WHEREAS, the City Commission finds that the current city ordinances are inadequate
in protecting the health, safety and welfare of the resident and visitors of the City in preventing the
fear and intimidation that accompanies certain types of begging, panhandling and solicitation in
certain locations within the City;and
WHEREAS, the City Commission finds that any individual that begs, panhandles or solicits
under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the
safety of other individuals or property in the vicinity by unwanted touching, detaining, impeding
or intimidation which causes fear or apprehension in another individual constitutes a threat to the
public health,welfare and safety of the citizens and visitors of the City;
II
ORDINANCE NO. 13-14
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
I
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 118.01 "Definitions", of the Code of Ordinances of the City of
Delray Beach, Florida,be anal the same is hereby amended to read as follows:
Sec. 118.01. DEFINITIONS.
The following words,terms,and phrases and their derivations,when used in this ordinance,
shall have the meanings ascribed to them in this section except where the context clearly
indicates a different meaning.
(a) A=ssive panhandling or solicitation means any of the following_
1 Qproacbing or spealdng to a person in such a manner as would cause
a reasonable Berson to believe that the person is being threatened
with either imminent bodily in.jury or the commission of a criminal
act Won the person or another person,..or a on propettv in the
person's immediate possession
(2) requesting money or something else of value after the person
solicited has given a negative response to the initialrequest;
�3) blocking, either individually or as part of a group of persons, the
Massage of a solicited person;
(4) touching a solicited 12erson without explicit permission;or
(5)enn,g_aging in conduct that would reasonably be construed as intended
to intimidate, compel, or force a solicited person to accede to
demands.
( b) Canwrrer is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for
the primary purpose of (1) attempting to enlist support for or against a
particular religion.,philosophy, ideology,political party,issue or candidate even
if incidental to such purpose the canvasser accepts the donation of money for
or against such cause, or distributing a handbill or flyer advertising a non-
commercial event or service.
2
ORD, NO. 13-14
ORDINANCE NO. 13-14
(lac} .Handbill Distribution means the distribution of any commercial or
noncommercial written material of any kind, including, but not ].invited to, a
newspaper, papers, sample or device, circular, leaflet, pamphlet, or booklet
which may or may not contain commercial or non-commercial advertising or
information and which may be sold or delivered without cost to the recipient
and not distributed through an authorized news rack or the U.S.Mail.
(�d) Panhandling means any of the following:
(1) anv solicitation requesting an immediate donation of money_ or other
thing of value for oneself or another person;or
2
seeking donations for oneself where the person solicited receives an
item of little or no monetary value in exchange for the donation
under circumstances where a reasonable person would understand
that the transaction is in substance a donation.
3
Panhandling does not mean the act of passivply standing or sittin
performing music, or singing with a sign or other indication_that a
donation is bein sou ht but without agy vocal request other than a
response to an inquiry by another person.
(e e) Peddler is a person who attempts to make personal-contact with another person.
without prior specific invitation or appointment from the person, for the
primary purpose of attempting to sell a good or service. A "peddler" does
NOT include a person who distributes handbills or flyers for a commercial
purpose, advertising an event, activity, good or service that is offered to the
person for purchase at a location away from or at a tithe different from the
time of visit. (Such a person is a "solicitor").
(d f) Person ineans a natural person or any firm, corporation, association, club,
society or other organization.
(e g) Private Pt-opert0 means any residential, commercial and industrial real property of
any,kind which is privately owned or occupied.
(€h) Public area means an area to which the public or a substantial group of persons
has access, and includes, but is not limited to, alleys, bridges, buildings,
driveways, parking lots, parks, playgrounds, plazas, public beaches, sidewalks,
and streets open to the general public, and the doorways and entrances to
buildings and dwellings,and the grounds enclosing them.
3
ORD. NO. 13-14
ORDINANCE NO. 13-14
i
(g i} Solicilor is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for
the primary purpose of attempting to obtain a donation to a particular
patriotic, philanthropic, social service, welfare, benevolent educational, civil,
fraternal, charitable, political or religious purpose, even if incidental to such
purpose there is the sale of some good or service.
Section 3. That Section 118.03 "Prohibited Acts Regarding Soliciting and Peddling", of the
Code of Ordinances of the City of Delray Beach,Florida,be and the same is hereby amended to
read as follows:
Sec. 118.03. PROHIBITED ACTS REGARDING SOLICITING,AND
PEDDLING.,AND PANHANDLING.
(a) It shall be unlawful for any person to solicit or peddle money or other things
of value, or to solicit the sale of goods or services:
(1) Without an occupational license;
(2) In any public transportation vehicle, or bus or train station or stop;
(3) On private property if the owner, tenant or lawful occupant has asked
the person not to solicit on the property, or has posted a. sign clearly
indicating that solicitations are not welcome on the property.
(4) On a street or right-of-way in such a manner as to obstruct the flow of
pedestrian or motor vehicle traffic.
(b) It shall be unlawful for any person to peddle or vend products, including
personal property,ice cream, or other food products from motor vehicles in the public streets:
(1) Without an occupational license;
(2) In any vehicle not designed and constructed specifically for the
purpose of vending the product or products to be vended;
(3) Without a license by the County Health Department or other state or
local agency having jurisdiction over the use of such vehicles
depending upon the nature of the products sold;
(4) Without proof of a valid Florida driver's license and vehicle
registration;
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ORD. NO, 13-14
ORDINANCE NO. 13-14
(5) Without proof of current insurance issued by an insurance company
authorized to do business in the State of Florida. The insurance shall
provide coverage for bodily injury, including accidental death, as well
as from claims for property damage. An occurrence type policy is
preferred. The City shall be named as a certificate holder and as an
additional insured on the policy. The policy limits of such insurance
shall not be less than three hundred thousand dollars ($300,000.00)
combined single limit for each occurrence for bodily injury and three
hundred thousand dollars ($300,000.00) for property dar age;
i
(6) In the Central Business District (CBD) of downtown Delray Beach;
(7) Within one thousand (1,000) feet of any public or private school
between the hours of 7:00 a.m. and 5:00 p.m.;
(8) From any vehicle that plays amplified music or other sounds in
violation of the City's noise ordinance.
(c) It shall be unlawful to engage in an act or acts of panhandling when either
the person soliciting or the person being solicited is located in,on, or at any of the following
locations:
1 bus stop or any ublic trans ottation facili
(2) public transportation.vehicle,
(3) area within fifteen feet L15) n gny direction, of a sidewalk cafe or
outdoor dining area,
(4)parking lot,2arking sarage, or parldng_pay station owned-or operated
by the city
l5) park owned or operated by the city,
6 area within fifteen fee 15'. in-any ditection of an automatic teller
machine ATM);
(7) area within fifteen feet (5'), in any direction, of the entrance or
exit of a commercial or goveinmentalbuilding: or
8 jivate property, unless the person panhandling has eriinission
from the owner of such property.
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OM. NO. 13-14
ORDINANCE NO. 13-14
(d) It shall be unlawful to engage in the act of aggressive panhandling in am
location in the City.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That should any section or provision of this ordinance of any portion thereof, any
paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this' day of
,2014.
AYOR
ATTEST:
I- ��� J
City Clerk
First Reading 1
Second Reading 5 zA�A
6
ORD. NO. 13-14
ORDINANCE NO. 13-14
Coversheet Page 1 of 1
MEMORANDUM
. ............
.............
.. ........
TO: Mayor and City Commissioners
FROM: Robert A. Barcinski, Acting City Manager
DATE: May 15, 2014
SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MAY 20, 2014
ORDINANCE NO. 13-14
BACKGROUND
On May 6, 2014, the City Commission approved Ordinance No. 13-14 on first reading.
Legal Review: Ordinance No. 13-14 was published in the Palm Beach Post newspaper on
Friday, May 9, 2014 in compliance with advertisement requirments.
Finance Department Review: Finance recommends approval.
Discussion: This ordinance is before Commission for second reading to amend Chapter 118,
"Solicitors and Peddlers and Distribution of Handbills", Section 118.01 "Definitions" to include
definitions for panhandling and aggressive panhandling; Section 118.03 "Prohibited Acts
Regarding Soliciting and Peddling", in order to designate prohibited areas for panhandling and
to prohibit aggressive panhandling city-wide.
Timing of the Request: This item is not time-sensitive.
RECOMMENDATION
Approve Ordinance No. 13-14 on second and final reading.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=7912&MeetingID=504 7/1/2014
Coversheet Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Janice Rustin, Assistant City Attorney
THROUGH: Terrill Pyburn, Interim City Attorney
DATE: April 23, 2014
SUBJECT: AGENDA ITEM ILA-REGULAR COMMISSION MEETING OF MAY 6,2014
ORDINANCE NO. 13-14
BACKGROUND
In response to a request by the City Commission, the proposed ordinance amends Chapter 118 of the
City's Code of Ordinances to add definitions for panhandling and aggressive panhandling, and to
designate prohibited areas for panhandling. The City Attorney's office received direction to move
forward with the ordinance at the City Commission Workshop meeting on April 8, 2014.
LEGAL REVIEW:
The proposed amendments are similar to panhandling ordinances in existence in the cities of Fort
Lauderdale and St. Petersburg that have not yet been challenged. We believe that the proposed
ordinance complies with Federal case law regarding First Amendment protections related to
panhandling.
FINANCIAL REVIEW:
Finance recommends approval. The Police Department believes that they will be able to enforce this
ordinance within existing operations and staffing levels.
DISCUSSION:
Panhandling is defined as soliciting money or other thing of value from another person. Aggressive
panhandling is defined as soliciting money in a threatening manner or after a negative response to an
initial act of solicitation.
Under the proposed ordinance, aggressive panhandling is prohibited in all areas of the City. Non-
aggressive panhandling is prohibited on private property (absent permission from owner); on buses and
at bus stops; in parking lots and garages; in City Parks; and within fifteen (15) feet of sidewalk cafes,
ATMs, and the entrances of commercial or government buildings.
The ordinance does not prohibit street performers who are soliciting donations via hand written
signage. It also does not prohibit people who are passively standing or sitting from soliciting money via
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a sign as these people do not pose the same threat as those who actively approach a person and ask for
money.
FUNDING SOURCE
RECOMMENDATION
The City Attorney's office recommends City Commission approval.
http://itwebapp/AgendaIntranetBluesheet.aspx?ItemfD=7862&MeetinglD=503 5/16/2014
ORDINANCE NO. 13-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118,
"SOLICITORS AND PEDDLERS AND DISTRIBUTION OF
HANDBILLS", SECTION 118.01 "DEFINITIONS" TO INCLUDE
DEFINITIONS FOR PANHANDLING AND AGGRESSIVE
PANHANDLING; SECTION 118.03 "PROHIBITED ACTS REGARDING
SOLICITING AND PEDDLING" IN ORDER TO DESIGNATE
PROHIBITED AREAS FOR PANHANDLING AND TO PROHIBIT
AGGRESSIVE PANHANDLING CITY-WIDE; PROVIDING A
GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
A1lI:R : kS, the City C;otnmission recognizes an individual's I''irst .),tnendment right of free speech
and that paroharnding has been determined to be a protected speech;alld
the Crry C,omtnSsion t111ds that an 1ncreasc ll"1 aL,k4 reSS1�'e panhandling, besfk ing and
solicitation throughout the C11h has become extremely dlSturhing and disruptive to residents and businesses
and has Contributed to the loss of access to and enl{}y mc'nt ()f public places and also} loss Of CUStomerS
for businesses in the City;and
\\11f1'R 1' kS, the City- C;omtnission finds that aggressive panhandling, bgggrlg and solicitation
usually includes approaching or following pedestrians repetitive requests for tnORC , use Of alnisive or
profiane language,urn-\e-anted physical contact and intentional blocking of pedestrian traffic,,and
A-1 IF,RF �S, the C11ty Commission finds that the presence of Indic idualS NVI-10 St)licit lnonec from
other IndividualS at or rICAr outdoor cafes, aut()rnatcd teller rzachirlcs, entrance=s/e=xits to and from buildings
and parking garages is especially troublesottie because these solicited individuals cannot readily escape from
un«,-anted Solicitation; and
the City Commission finds that the CLlrretlt city ordinances are 1r1adcgL1atC In
protecting the health, Safety and 1Z'elfarc Of the resident and visitors of the City In preventing the tear and
1nt1m]datlt)n that aCCOtTipaln'S Certain types of besfk 1tlg, Panhandling and S{:)11Cltatic)11 11"1 certaltl locatlt)11S
within the City;;and
the City Commission finds that and individual that begs, panhandles or solicits under
circumstarnces that warrarit a Justifiable and re=asonable alarm or irlmediate concern for the safety- of other
individuals Or property in the viclent by unv,.anted touching, detaining, ltnpedln4? Or 1nt1m1dation -1'hlch
Causes tear or apprehension In another individual c orlStltUteS a threat to the PUNIC licalth, welfare and satC'ty
of the citizens and visitors of the City-;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 118.01 "Definitions", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
See. 118,01, DEFINITIONS.
The follc>\N"inp tvc}rds, terms, and phrases and their derivations,when used in this ordinance, shall hac-e
the rti aninps ascrihed to theln in this section except where the context clearly- indicates a different
Yneanln4?.
(a � �1 ;s"lt' /l YJt 1'i�11:'.r t" 1Z 7/lfl f2 mea11S aTl' Ot the' f"t}11C)lT 1n
a ir(}achtncr OY Speal 1Y1 t0 a perSOYl to Such a matlner as would cause a
rcasc}nablc person to belie e that the persoYl is being; thre=atened with e=ither
imminent lxxlil tl�un or the commission of a criminal act upcm the person
or another erson, or upon property in the persc r1's immediate pc}session;
(2i reclucstin tnc>ncy ors }methin else f aloe after the person solicited has
iven a nc taative rest�onse to the initial request;
(3( 1}loci ink, either individually or as part of a 'coup of persons, the p 1.5s41?e of a
solicited .crs(-}Y1;
(4, tc uchtlt a sc}licited person without explicit permission;or
( i enpin in conduct that �vcnlld reasonably l}e construed as intended to
intimidate compel, or force a solicited persoYl to accede to demands.
(a C rstat-rtsser is a person who attempts to make personal contact with another person
«ithout prior specific inv tatic)t1 or appcatltnletlt from the person, for the pritnart-
purpose of (1) attempting; t(-} CrIhSt support for or against a particular religion,
philc}sophG, ideololy, pc}litical party, issue or candidate cc en if incidetltal to such
purpose the cat asser accepts the donation of mc}ncN7 for or against such cause,, or
d1str1but1r1 a handbill or flier advertisirig;a non-commercial cvcrit or service,
(4-c) I lacdl)ill Dis'ttibIrtioli mc=ans the distribution of ariN commercial or nc}ticommercial\written
mate=rial of any kind, Including, but Y1ot limited to, a Y1cvvspaper, papers, sample or
de-ice, circular, leaflet, pamphlet, or bcx_}klet which may or maG not contain commercial
or note-commercial adz-ertising; or information and which may be sold or delio-c=red
Without cost to the recipient and not distributed thr(Al h an authorized news rack or the
L'.S. Mail.
(e i) T'tll�tzrltl/1F2t7 means am (}f the tc)lloivina:
2
ORD. NO. 13-14
donation of money or other thit", "I--
valtic for oneself or another l)crs(-)ro,or
person solicited receives an itcryi of
little or no rnotictary value in exchange for the Ck rlat'Otl Under c'r�urnstances
vvhcrc a reasonable person WOUld understand that the transaction is in substaticc
a donation.
(3) Panhandling does riot rrican the
music, or sins ins �e ith a sign or other nclicatit n that a donation is beino-
another person.
(e cj Peddler is a person -,vho attempts to rake personal contact Noilth anothe=r person v,71thout
prior specific Invitation or appointment front the person, for the primary purpose of
attempting to sell a good or service. .l "peddler" does NOT include a person who
distributes handbills or flyers for a commercial purpose, advertising an event, activity,
good or service that is offered to the person for purchase at location av,-a,or from or at a
tirric different fr(.-)rii the t1ri-ic of visit. (Such a person is a "solicitor").
(d Perim mcaris a natural person or any firri-i, cc)rporatloro, association, club, society or
other orgaril/atI01-1.
(,e g) Pni,,owe Aeeeqj;means any residential, commercial and Industrial real property of ari�r kind
which is privately o-\xned or occupied.
Public aira tncatis an area to w iic i the public or a substantial group of persons has
access, and includes, but IS riot limited to, alleys, bridges, buildings, dr1vc\vays, parking
Fats, parks, plaNsgrourods, pla/as, public beaches, sidewalks, and streets open to the
general public, and the dc)onvaN-s and entrance=s to buildings and dwellings, and the
grounds enclosing then-i.
Selia'eor is ,I person who attempts to male personal contact with another person without
prior specific Invitation or appointment frorn the person, for the primary purpose of
attempting to obtain a doriatiOrl to a particular patriotic, philaritlirc)pic, social service,
Nvelfiarc, bcricv(.-)1crit educational, civil, fraternal, charitable, political or religions pUrj-)(-)SC,
even, if Incidental to such purpose there is the Sale of some good or sco-v Ice.
Section 3. That Section 118.03 "Prohibited Acts Regarding Soliciting and Peddling", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 118.03. PROHIBITED ACTS REGARDING SOLICITING,AND PEDDLING,AND
PANHANDLING.
3
ORD. NO. 13-14
(a) It shall be unlawful for any person to solicit or peddle money or other things of value,
or to solicit the sale of goods or services:
(1) Without an occupational license;
(2) In any public transportation vehicle, or bus or train station or stop;
(3) On private property if the owner, tenant or lawful occupant has asked the
person not to solicit on the property, or has posted a sign clearly indicating that
solicitations are not welcome on the property.
(4) On a street or right-of-way in such a manner as to obstruct the flow of
pedestrian or motor vehicle traffic.
(b) It shall be unlawful for any person to peddle or vend products, including personal
property, ice cream, or other food products from motor vehicles in the public streets:
(1) Without an occupational license;
(2) In any vehicle not designed and constructed specifically for the purpose of
vending the product or products to be vended;
(3) Without a license by the County Health Department or other state or local
agency having jurisdiction over the use of such vehicles depending upon the
nature of the products sold;
(4) Without proof of a valid Florida driver's license and vehicle registration;
(5) Without proof of current insurance issued by an insurance company authorized
to do business in the State of Florida. The insurance shall provide coverage for
bodily injury, including accidental death, as well as from claims for property
damage. An occurrence type policy is preferred. The City shall be named as a
certificate holder and as an additional insured on the policy. The policy limits of
such insurance shall not be less than three hundred thousand dollars
($300,000.00) combined single limit for each occurrence for bodily injury and
three hundred thousand dollars ($300,000.00) for property damage;
(6) In the Central Business District (CBD) of downtown Delray Beach;
(7) Within one thousand (1,000) feet of any public or private school between the
hours of 7:00 a.m. and 5:00 p.m.;
(8) From any vehicle that plays amplified music or other sounds in violation of the
City's noise ordinance.
(ci It shall be urllatvful to enge in an act or acts of panhandling when either the
person st>lciting t>r the. person hcinl> solicited is loc��ted in, gym, t>r at any �>f the foll�>t�•itiG�loc��ti�>ns:
4
ORD. NO. 13-14
fa sidewalk caf6 or outdoor dining
��
of an autoniatic teller machine
ntrunce or exit of a
ow-rier of such nrone
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the numu are hurrkn
repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a Court of competent Jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as u vvho|u or part thereof other than the part duc|xzud to be
invalid.
Section 6. That this ordinance shall become effective upon its passage on second and final reading.
PASSE[) AND A\]DPIE[) in rugo|uz session on second and final reading on this ___ day of
2014.
MAYOR
ATTEST:
City Clerk
First Reading
ORD. NO. 13-14
Second Reading
6
ORD. NO. 13-14
MEMORANDUM
TO: City Commission
FROM: Janice Rustin, Assistant City Attorney
THROUGH: Terrill Pyburn, Interim City Attorney
DATE: May 5, 2014
SUBJECT: Legal Risk Analysis of Proposed Ordinance 13-14 Regulating Panhandling
The City Attorney's office has been asked to prepare a legal risk analysis of Ordinance
13-14 regulating panhandling that is scheduled for a public hearing on May 20, 2014. Upon
review of federal and state case law regarding panhandling restrictions from Florida and other
states, this office is of the opinion that the proposed panhandling ordinance is likely to withstand
a constitutional challenge because it is narrowly tailored to serve a significant governmental
interest. Specifically, the regulation restricts panhandling to the extent that it jeopardizes the
safety and convenience of citizens who use public sidewalks.
Ordinance 13-14 proposes to prohibit people from panhandling (defined as asking others
for money for themselves)in an aggressive manner and in public locations where a person would
feel fear or alarm because they could not escape the unwanted solicitation. Panhandling is
recognized as a form of speech, and therefore is protected under the First Amendment.i There
are constitutional limits as to how much a governmental entity can control speech on a public
forum, such as a sidewalk. For a public forum, city ordinances that restrict expression based on
the content of the speech will survive a constitutional challenge if the regulation is 1) necessary
to serve a compelling state interest and 2) narrowly drawn to achieve that end.` Alternatively,
regulations that restrict only the time, place, and manner of expression are subject to less
rigorous scrutiny. This kind of regulation will be upheld if the regulation is 1) content neutral, 2)
narrowly tailored to serve a significant government interest, and 3) leaves open ample alternative
1 Smith v. City of Fort Lauderdale, 177 F. 3d 954, 956(11th Cir. 1999).
2 Perry Educ.Assn v. Perry Local Educators'Assn,460 U.S.37,45 (1983).
channels of communication. A regulation is narrowly tailored if it does not burden more speech
than necessary to further the government's interest. 3
Panhandling ordinances have been challenged in Florida courts. 1 1 984, the state's First
District Court of Appeal struck down an ordinance in Jacksonville that prohibited all forms of
"begging or soliciting for alms." 4 The City alleged that it had a legitimate and compelling
interest to control "undue annoyance on the streets and prevent blocking of vehicle traffic."' The
court agreed that the City had a significant interest, but held that the ordinance was
unconstitutional because it was more intrusive than necessary to achieve this interest. "The City
of Jacksonville is not entitled to absolutely prohibit a beggar's exercise of his freedom of speech,
but the City may regulate those rights subject to strict guidelines and definite standards closely
related to permissible municipal standards."6 The court then suggested that the City could use a
narrowly drawn permit system as a constitutional means of regulating the panhandlers.7
1 1 999, the federal Court of Appeals for the Eleventh Circuit upheld a Fort Lauderdale
rule that prohibited "soliciting, begging or panhandling".8 The rule applied to a limited area of
the City which included a five-mile stretch of beach, a newly constructed promenade sidewalk
that was one and half miles long, and a commercial area sidewalk on the opposite side of the
street that was collectively known as "the Fort Lauderdale Beach area."9 The City asserted that
the rule was necessary to "provide citizens with a safe environment in which recreation
opportunity can be maximized."10 Because the rule restricted expression in a particular place,
the court applied the less rigorous test for time, place, and manner restrictions.11 it held that the
City has a significant interest in providing a safe, pleasant environment and eliminating a
nuisance activity from its beach area.12 Relying on the City's determination that begging in this
area adversely affects tourism, the court could not conclude that banning begging in this limited
area burdened more speech than necessary to further the City's goals of a safe beach
3 Ward v.Rock Against Racism,491 U.S. 781,791 (1999).
4 C.C.B v. State,458 So. 2d 47(1984).
5 -1d. at 48.
6 -1d. at 49.
7 Id. at 49.
8 Smith v. City of Fort Lauderdale, 177 F. 3d 954, 956(11th Cir. 1999).
9 Id.
10 Id.
11 Id.
12 Id.
environment. Further, because there are many areas for panhandling in other parts of the City,
there are ample alternate channels for panhandling. As a result, the court determined that the
beach rule was constitutional.
The proposed Ordinance 13-14 is based on a Fort Lauderdale panhandling ordinance
passed in 2012. The 2012 Fort Lauderdale ordinance provides for a different governmental
interest than its beach rule and has not yet been challenged in court. The goal of Ordinance 13-
14, as stated in the "Whereas" clauses, is to protect public safety by restricting panhandlers that
use intimidating methods that cause fear or apprehension. It also restricts panhandling at or near
outdoor cafes, automated teller machines, entrances/exits to and from buildings and parking
garages because individuals solicited in these areas cannot readily escape from unwanted
solicitation. A similar ordinance from the City of Indianapolis was upheld in the federal Court of
Appeals in the Seventh Circuit (Indiana) in 2000.13 That court held that the city has a legitimate
interest in promoting the safety and convenience of its citizens on public streets and that the
ordinance is narrowly tailored because it restricts panhandling only in circumstances where it is
considered especially unwanted and bothersome and in situations where "people would feel a
heightened sense of fear or alarm or might wish especially to be left alone."14 Furthermore, by
restricting panhandling only in certain areas, it leaves open ample alternative channels of
communication. This holding has been used to support similar panhandling ordinances from
Cincinnati, Ohio 15 and Springfield, Illinois.16 This office relies on these cases as the basis of our
opinion that the proposed ordinance is constitutional.
The risk that Ordinance 13-14 could be found to be a violation of the First Amendment
could increase if the Florida court forgoes precedent and decides that the regulation is not
content-neutral. If this were to occur, the City would have to prove that the ordinance is
narrowly tailored to serve a compelling (and not just significant) governmental interest.
However, this scenario is unlikely. First, the ordinance restricts the place and the manner in
which an expressive activity can occur, so on its face, it is a time, place manner restriction and
subject to the lower standard. Second, a determination of whether a time, place, manner
13 Gresham v. Peterson,225 F.3d 899(7th Cir. 2000).
14 Id. at 906.
15 Henry v. City of Cincinnati,2005 WL 1198814(S.D.Ohio 2005).
16 Norton v. City of Springfield,2013 WL 5781663 (C.C. Ill. 2013).
restriction is content-neutral turns on whether the government has adopted the regulation because
it disagrees with the message of the speech.17 Here, the City's goal of public safety is unrelated
to the message conveyed. Therefore, it is likely that a court will find that the restriction is
content-neutral.
Therefore, based on the holdings of the federal court in Florida and the federal courts in
Indiana, Ohio, and Illinois, it is likely that Ordinance 13-14 will withstand a constitutional
challenge.
17 Ward vRockAgainst Racism,491 U.S. 781,791 (1999).
E6 PALMBEACHPtOST.COM € REAL NEWS STARTS HERE THE PALM BEACH POS I (5oi)820-4343 1 FRIDAY,MAY 9,2014
CITY 61F DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will he held on
the fallowing proposed ordinance
on TUESDAY, MAY 20, 2014 at 7:00
p.m, (or at any continuation of
such meeting which is set by the
Commission), In the.Commissfon
Chambers, 100 N,W. 1st -Avenue,
Delray Beach,Florida,at which time
the City Commission will consider its
adoption. The proposed ordinance
May be inspected at the Office of
the City Clerk at City Hall, 100 N.W.
1.st Avenue, Delray Beach, Florida, -
between 0:00'a.m. and 5:00 p.m.,
Monday through Friday, except
holidays.Interested-.parties are Invited
to attend and he heard with respect to
the proposed ordinance, - -
ORDINANCE NO.13-14
AN ORDINANCE OF THE CITY
COMM15SION OF THE CITY OF DELRAY
BEACH,- ,FLORIDA, AMENDING
CHAPTER 118, "SOLICITORS AND
PEDDLERS AND .DISTRIBUTION
OF HANDBIL1-5 SECTION 718.01
'DEFINITIONS" TO INCLUDE
DEFINITIONS FOR PANHANDLING
- AND AGGRESSIVE PANHANDLING,
SECTION 118.03 "PROHIBITED
ACTS -REGARDING SOLICITING
AND PEDDLING' IN ORDER TO
DESIGNATE PROHIBITED AREAS FOR
PANHANDLING AND TO PROHIBIT
AGGRESSIVE PANHANDLING CITY-
WIDF; PROVIDING A .GENERAL
REPEALER CLAUSE,A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
Please-be.advised that if a person
decides to appeal any decision made
by the City Commission with respectto
any matter considered atthis hearing,
such.'person may'need-:to ensure
that a verbatim`record includes the
testimony and evidence upon which
the appeal Is to.be based,The City
does not provide nor,prepare such
record pursu8ntto F.S.2864105.
CITY OF.DELRAY BEACH
Chevelle D.Nubin,MMC,
City Clerk
PUB:The Palm Beach Post
5-912014 1*245766